Adjudicating Religion Tarunabh Khaitan* The right to religious freedom and the right against religious discrimination should be seen as two distinct human rights, with different normative purposes. I have argued elsewhere—with Dr. Jane Norton—that religious freedom is best understood as protecting our interest in our decisional autonomy in matters of religious adherence (and non-adherence). […]
Freedom of Religion and Nondiscrimination on the Basis of Religion: Banning the Full-Face Veil
Freedom of Religion and Nondiscrimination on the Basis of Religion: Banning the Full-Face Veil Sarah H. Cleveland* What is, or should be, the relationship between claims of violations of the right to manifest one’s religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion? […]
Indirect religious discrimination: a European perspective
Indirect religious discrimination: a European perspective Christopher McCrudden* In this brief note on legal measures addressing indirect religious discrimination, I draw from the experience of the development and use of indirect religious discrimination in several European jurisdictions: the United Kingdom (including the somewhat different legal position in Northern Ireland), the European Union, and the […]
Decriminalising Homosexuality: Reshaping the Landscape in Botswana and a Missed Opportunity in Kenya
Decriminalising Homosexuality: Reshaping the Landscape in Botswana and a Missed Opportunity in Kenya Zanele Nyoni[1] Keywords: African Law and Society; Gender and Sexuality; Discrimination; Human Rights; International Human Rights; Equality; Sexual Orientation Legislation: Laws of Kenya Penal Code 81 of 1948; Botswana Penal Code Law No.2 of 1964 —————————————————– Introduction Less than a month […]
What’s in a name? Juxtaposing Indirect Discrimination and Reasonable Accommodation on the basis of Religion in the European Workplace
What’s in a name? Juxtaposing Indirect Discrimination and Reasonable Accommodation on the basis of Religion in the European Workplace Prof. Katayoun Alidadi, Assistant Professor of Legal Studies Bryant University, Smithfield, Rhode Island kalidadi@bryant.edu Harvard Human Rights Journal Online February 2020 —- This note was written in preparation for the April 18, 2020 Workshop convened by […]
What is the Right against Discriminatory Impact Based on Religion? – Symposium Introduction
What is the Right against Discriminatory Impact Based on Religion? Gerald L. Neuman The pursuit of equality in international human rights law includes both prohibitions of intentional discrimination and prohibitions of practices with discriminatory impact. The latter category, often designated as “indirect discrimination,” raises numerous questions that have not been fully explored. One important […]